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The apex court also rejected the contention of MSIL that

during earlier round of litigation, it had given liberty to the company to approach High Court for impleadment or to intervene, which implied that such an application has to be accepted.

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during earlier round of litigation, it had given liberty to the company to approach High Court for impleadment or to intervene, which implied that such an application has to be accepted.

"We do not find any merit in this contention also. It cannot be held that any right was crystalised by the said observation and such prayer had to be considered according to law. We have already held that the post-acquisition allottee had no right in the matter," the bench said.

It said the High Court decision permitting additional evidence and remanding the case for fresh decision is "uncalled for" under settled principles of Civil Procedure Code (CPC).

The High Court had on October 6, 2015, passed an order allowing MSIL and HSIDC to be impleaded as party and also to lead additional evidence on the ground that the acquiring authority did not defend the case properly.

It had held that the allottee has a right to be impleaded as a party on the ground that the State or the local authority for whose benefit the land is acquired may not lead proper evidence or advance effective arguments.

It said that a clause in the deed of allotment in favour of the allottee provides for payment of additional price as a consequence of enhancement of compensation.

 

(This article has not been edited by DNA's editorial team and is auto-generated from an agency feed.)

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